Perfect Process » Blog Perfect

Hoyo de Monterrey Reposado

marc.jaco — Thu, 26 Jan 2012 23:11:10 +0000

This stick is a fine smooth, medium body specimen.

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Rocky Patel Valedor (NRA)

marc.jaco — Sat, 14 Jan 2012 23:42:30 +0000

Very smooth and aromatic medium stick

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Me and the Kinkster

marc.jaco — Sat, 17 Dec 2011 22:04:22 +0000

Brothers of the leaf engaged in Obama bashing fellowship and Kinky Friedman Cigars at Cigar Warehouse in Plano.

My Trademark Infringement Suit: Total Victory

marc.jaco — Thu, 14 Apr 2011 23:26:41 +0000

Consent Judgment

The Arts District

marc.jaco — Wed, 06 Apr 2011 18:21:42 +0000

From the offices of Thompson and Knight, Dallas

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My Federal Trademark Infringement Suit

marc.jaco — Sun, 20 Mar 2011 22:25:44 +0000

My first of possibly several suits regarding trademark infringement has commenced. SummonsComplaint

Cocked n’ Locked

marc.jaco — Sat, 12 Mar 2011 18:08:46 +0000

On Monday next I will be pulling the trigger on a federal suit to enforce my registered service mark. It is amazing to me that there are those in my line of work who either have no knowledge of or respect for trademark law. The first party is about to be educated the hard way- through the pocketbook. -mrj

As for the Liars

marc.jaco — Fri, 04 Feb 2011 01:06:50 +0000

For those who have served a defendant who later claims not to have been served: Unless the citation is defective, anything filed by defendant other than a Motion to Quash is an appearance making service moot.

A Final Thought on the WOG

marc.jaco — Mon, 09 Aug 2010 22:25:06 +0000

It is an unfortunate fact that a vast number of attorneys throughout the state consider 663 to be the rule governing the service of the WOG. Our clear authority to serve it under 103 will continue to be challenged or ignored by many as long as 663 remains in its present form. To avoid conflict, many plaintiff’s attorneys will continue to have it served [albeit untimely] by constable. In their mind [if it is not settled law] one should play it safe- it doesn’t make economic sense to do otherwise. At present, many of us are losing a great deal of business and don’t even know it- it’s happening in the background. For the uninformed doubters, let’s get it settled, published, and widely disseminated. Once again, who’s with me?

More on the Writ of Garnishment

marc.jaco — Sun, 01 Aug 2010 19:12:59 +0000

On February 12, 2008, the Supreme Court issued an Order Appointing Ancillary Task Force- ostensibly to clarify conflicting rules. The order makes specific reference to Rule 103, and includes a request that a report and recommendations be provided to the court no later than October 31, 2008. The report and recommendations have not been forthcoming. Frankly, I am confused as to why a “task force” was even necessary.

It is instructive to note that the Code Construction Act applies to the Texas Rules of Civil Procedure. In re. Walkup, 122 S.W.3d 215, 217. Tex. Gov’t Code § 311.026 (b) states:

“If the conflict between the general provision and the special provision or local provision is irreconcilable, the special or local provision prevails as an exception to the general provision, unless the general provision is the later enactment and the manifest intent is that the general provision prevail.”

The amended Rule 103 is the later enactment, and the manifest intention of it is to allow private process servers to serve a wide variety of process including writs. The code is precisely applicable to the matter before the task force, and it is my hope that it be considered in any recommendation.

I strongly urge all interested parties to contact the chair and other members of the task force, and encourage them to recommend to the court language clarifying 103 to mean what it says, or [better] that 663 includes persons authorized under 103. I consider the matter urgent, and until it is laid to rest we will continue to be challenged by garnishees or debtors, and passed over by the uninformed resulting in needless economic loss.